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through a series of more responsible positions from sales
representative to sales manager in Bozeman, Montana. A
restructuring of the company caused the elimination of the layer
of management where petitioner’s position was situated, and he
was offered positions in the layer below the one eliminated.
Both of the positions offered would have been in locations other
than the one in which petitioner and his family had settled. The
position in the surviving layer of the company, just above the
one that was eliminated, which was located in Bozeman, Montana,
was offered to a person other than petitioner.
Initially, petitioner applied for severance pay, but was
turned down because the company’s policy was to only permit
severance pay for employees who were “involuntarily separated”
due to a "reduction in force". After he was turned down for
severance pay, petitioner engaged an attorney who approached the
company with various claims that he thought petitioner could
assert against the company due to his circumstances. Those
claims generally included various breaches of contractual type
rights, wrongful discharge, and violation of civil rights. The
parties’ settlement agreement does not delineate or allocate the
amounts which are attributable to the various claims made by
petitioner. Although no specific amount is allocated to any
particular claim, petitioner released the company from possible
claims sounding in both contract and tort, including
discrimination under title VII of the Civil Rights Act of 1964 or
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Last modified: May 25, 2011